Tag: registered trademark
The Mafia no longer has a seat at the table: the OEPM follows in the EGC’s footsteps and invalidates the Spanish trademark
The Spanish Patents and Trademarks Office (OEPM) has declared the trademark “La Mafia se sienta a la mesa” invalid, deeming it contrary to public policy and accepted principles of morality based on the same criteria that led the European General Court (EGC) to invalidate the European trademark in 2018. In 2018, the European General Court […]
The Supreme Court judgment on the Mezquita de Córdoba clarifies the scope of trademark ius prohibendi against prior domain names
The recent ruling on the domain name “mezquitadecordoba.org” confirms a key idea for any business: a domain name – no matter how old – does not prevail over a registered trademark. The decision highlights the importance of having a solid strategy in place for protecting digital assets at a time when the online world carries […]
The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles.
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar” In the annals of criminal history few names are as conspicuous and compelling as that of Pablo Escobar, the infamous Colombian […]
Proof of use, a new tool to defend trademark registrations at the Spanish Patents and Trademarks Office
The Spanish trademark system now has a new means of defense: proof of use. This change means that the trademark applicant can require the opponent to prove that genuine use has been made of the trademark on which the opposition is based. If use is not evidenced, the opposition based on that trademark will not […]